Jan. 12, 2026
Black attorney didn't prove bias but might prove retaliation, circuit says
The 9th Circuit rejected a federal attorney's race discrimination claim but revived his retaliation claim, ruling a district judge in San Diego wrongly discounted evidence linking his nonselection to prior EEOC activity.
The 9th Circuit on Friday revived a retaliation claim brought by a former federal attorney who alleged he was passed over for a promotion because of his prior Equal Employment Opportunity complaints, while affirming dismissal of his race discrimination claim.
In an unpublished memorandum disposition, a three-judge panel held that Brandon Sinclair Bruce, a former attorney at the U.S. Department of Health and Human Services, failed to present sufficient evidence that race played a r...
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